Madurai: A controversial order invoking 'principles of Karma' to provide relief to petitioner by a single judge Madras High Court's Madurai Bench has been stayed by a division bench on Thursday. The appeal was preferred by the government which sought a stay against the single judge order and to stop the connected relief thereby.
When the petition came up for hearing before the division bench comprising of justices P Velmurugan and K Kumaresh Babu, the bench made oral observations against the single judge's order and granted an interim stay as sought for by the Tamil Nadu Police.
The Additional Advocate General Veerakathiravan submitted that the police constable who has filed a caveat petition against any appeal refused to receive the appeal papers. The case papers have been sent through the WhatsApp number of the counsel, Veerakathiravan said.
"Considering the submissions made by the learned Additional Advocate General, we are of the view that the appellants have made out a prima facei case for grant of interim stay," the bench said in its order. The bench listed the petition for further hearing to October 20 and ordered notices to the respondent.
Earlier, justice S Srimathy while granting relief observed, "In the principles of Karma the 'Sanchita Karma' (entire karma) is apportioned as 'Prarabdha Karma' (portion of the karma) and punishment is imposed to undergo only for the; Prarabdha Karma'".
The Judge had invoked the 'principles of Karma' and granted relief to a police constable who had been charged with repeated memos for recurring absenteeism and now being transferred to different district. The judge had directed the authorities to post him as a traffic constable within Madurai district allowing the police constable's prayer.
According to the petitioner who had joined the uniformed service as grade-II constable in 2003, he met with an accident in the year 2011 causing him head injury which he got treated by availing medical leave. After rejoining, the constable said he used to experience headaches which he cited as the reason for him to avail impromptu leaves which deviated from protocol.
The constable said he had been subjected to several proceedings and 13 punishments including a prolonged deferment of pecuniary benefits including promotions and increments. He claimed that he was harassed by being transferred four times to different police stations within Madurai city in 18 months.
Police officials said the petitioner was a habitual absentee. He had always been vindictive towards his senior officials. He used to defy the orders of his senior officers by not turning up for his rostered duty as against the laid down service rules. He used to deify his defiance among his uniformed peers causing disharmony in the force.
The affidavit from the Tamil Nadu Police said the petitioner would also make allegations against station house officers (SHOs) and used RTI as a tool to suit his gains. His transfer was to maintain integrity and discipline of the force. There was no malafide intention or vengeance, as claimed by the petitioner.
